Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15479 of 2018 Applicant :- Deepak Awasthi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against four unknown and two named persons, namely, Bhuvenendra Chaurasiya and Asha Chaurasiya (husband and wife) alleging that on 02.05.2015 they assaulted to Vinod Gupta by kick and fist, resultantly he died on 04.05.2015.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; applicant was not named in the F.I.R. there is no independent witness against the applicant; the deceased was thief and several cases were registered against him; co-accused Bhuvenendra Chaurasiya and Asha Chaurasiay have already been enlarged on bail by this Court vide order dated 20.07.2017 and 10.4.2018 passed in Criminal Misc. Bail Application Nos. 35516 of 2015 and 12954 of 2018, according to the postmortem report the cause of death was not found and viscera was preserved; there is no legal evidence to connect the applicant with the present matter; the role of the applicant is not grievous than the accused enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 30.03.2018 having no criminal history.
Learned A.G.A. opposed the prayer for bail and admitted that he has received no criminal history against this accused, the role of this accused is identical to the role of the accused who have already been enlarged on bail.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Deepak Awasthi involved in the Case Crime No. 387 of 2015, under Sections 304, 342 I.P.C., P.S. Kotwali Nagar, District Banda be released on bail on her executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.4.2018 A. Singh